BILL ANALYSIS                                                                                                                                                                                                    







           ----------------------------------------------------------- 
          |SENATE COMMITTEE ON RULES        |       2009-2010 Regular |
          |                                 |Session                  |
           ----------------------------------------------------------- 
          SENATOR Darrell Steinberg , CHAIRMAN
          _____________________staff analysis
                                                     Fiscal:  Yes
          Hearing: May 26, 2010
                                                     Urgency: No


          BILL NO:   SB 1057
          AUTHOR:    Denham
          AMENDED: May 10, 2010

           SUBJECT  :  Veterans Day, state office closure.

           SOURCE  :  Author

           SUMMARY  :  This bill would require that public offices of  
          the state and state institutions including, but not limited  
          to, all state agencies and the Legislature, be closed on  
          November 11 for Veterans Day, except as specified.  The  
          bill would also state the Legislature's intent that the  
          University of California also be closed on November 11,  
          Veterans Day.

           BACKGROUND  :  Though the Treaty of Versailles was signed on  
          June 28, 1919, November 11 remained in the public  
          imagination as the date that marked the end of the Great  
          War.  In November 1918, U.S. President Woodrow Wilson  
          proclaimed November 11 as the first commemoration of  
          Armistice Day.  The day's observation included parades and  
          public gatherings, as well as a brief pause in business  
          activities at 11 a.m.  

          On June 4, 1926, Congress passed a resolution that the  
          "recurring anniversary of November 11, 1918, should be  
          commemorated with thanksgiving and prayer and exercises  
          designed to perpetuate peace through good will and mutual  
          understanding between nations.  By that time, 27 state  
          legislatures had made November 11 a legal holiday.  

                                                              
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          An act approved on May 13, 1938, made November 11 a legal  
          Federal holiday, "dedicated to the cause of world peace and  
          to be hereafter celebrated and known as 'Armistice Day.'"   
          In 1954, the 83rd U.S. Congress amended the 1938 act that  
          had made Armistice Day a holiday, striking the word  
          "Armistice" in favor of "Veterans."  President Dwight D.  
          Eisenhower signed the legislation on June 1, 1954, and from  
          then on, November 11 became a day to honor American  
          veterans of all wars.

          The Uniform Holidays Bill was passed by Congress in 1968,  
          which sought to ensure three-day weekends for federal  
          employees by celebrating four national holidays  
          (Washington's Birthday, Memorial Day, Veterans Day and  
          Columbus Day) on Mondays.  It was thought that these  
          extended weekends would encourage travel, recreational and  
          cultural activities and stimulate greater industrial and  
          commercial production.  The observation of Veterans Day was  
          set as the fourth Monday in October.  Many states  
          disapproved of this change and continued to observe the  
          holiday on its original date.  

          In 1975, after it became evident that the actual date of  
          Veterans Day carried historical and patriotic significance  
          to many Americans, President Gerald R. Ford signed a new  
          law returning the observation of Veterans Day to November  
          11, starting in 1978.  If November 11 falls on a Saturday  
          or Sunday, the federal government observes the holiday on  
          the previous Friday or following Monday, respectively.

          There are no U.S. national holidays because the states  
          retain the right to designate their own, and the federal  
          government can only designate holidays for federal  
          employees and for the District of Columbia.  In practice,  
          however, states almost always follow the federal lead.

           CURRENT LAW:   Government Code Section 6700 outlines the  
          holidays in this state as follows:

             (a)  Every Sunday.
             (b)  January 1st.
             (c)  The Third Monday in January, known as "Dr. Martin  
               Luther King, Jr. Day."
                                                              
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             (d)  February 12th, known as "Lincoln Day."
             (e)  The third Monday in February.
             (f)  March 31st known as "Cesar Chavez Day."
             (g)  The last Monday in May.
             (h)  July 4th.
             (i)  The first Monday in September.
             (j)  September 9th, known as "Admission Day."
             (aa) The second Monday in October, known as "Columbus  
               Day."
             (bb) November 11, known as "Veterans Day."
            (m) December 25th.
            (n) Good Friday from 12 noon until 3 p.m.
            (o) Every day appointed by the President or Governor for  
            a public fast, thanksgiving, or holiday. 

          Current law also states that if the provisions regarding  
          state holidays are in conflict with provisions of a  
          memorandum of understanding reached pursuant to Chapter 12  
          (commencing with Section 3560) of Division 4 of Title 1, of  
          the Government Code, the memorandum of understand shall be  
          controlling without further legislative action.

          The Committee on Rules is charged with the general  
          responsibility for the administrative functioning of the  
          Senate, including the determination of holidays to be  
          observed by the Senate.  The holiday schedule adopted by  
          the Committee on Rules for 2010 lists Thursday, November  
          11, as the day the Senate will be observing Veterans Day.
           
          This bill  would require that all state agencies and the  
          Legislature, be closed on November 11, for Veterans Day.   
          If November 11 falls on a Saturday or Sunday, the holiday  
          will be observed on the previous Friday or following  
          Monday, respectively.

           This bill  also states it is the intent of the Legislature  
          that the University of California also be closed on the  
          Veterans Day holiday.  

           COMMENTS  :  According to the author, "SB 1057 was inspired  
          by a letter-to-the-editor in the Sacramento Bee (11/16/09)  
          from Marian Forness of Rancho Cordova, whose late husband  
          served this country in the United States Air Force for 20  
                                                              
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          years.  She noted in her letter that the State Senate took  
          Friday, November 13, 2009 off instead of Veterans Day on  
          Wednesday, November 11, so it could have a three-day  
          weekend."

           SUPPORT  :  (Verified on 05/19/10)

          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officers
          Vietnam Veterans of America, California State Council


           OPPOSE  :  (Verified on 05/19/10)

          None received



          SENATE RULES COMMITTEE:  Sandy Wood/651-4153
          
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